[Congressional Record Volume 148, Number 149 (Monday, November 18, 2002)]
[Senate]
[Pages S11296-S11306]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                   AVIATION SECURITY IMPROVEMENT ACT

  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
Senate proceed to the immediate consideration of Calendar No. 623, S. 
2949.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 2949) to provide for enhanced aviation security, 
     and for other purposes.

  There being no objection, the Senate proceeded to consider the 
bill which had been reported from the Committee on Commerce, Science, 
and Transportation, with amendments, as follows:

  [Strike the parts shown in black brackets and insert the parts shown 
in italic.]

                                S. 2949

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Security Improvement Act''.
       (b) Amendment of Title 49.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or a repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of title 49, 
     United States Code.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.

                  TITLE I--EXPLOSIVE DETECTION SYSTEMS

Sec. 101. Explosive detection systems.

                      TITLE II--AIR CARGO SECURITY

Sec. 201. Inspection of cargo carried aboard passenger aircraft.
Sec. 202. Air cargo shipping.
Sec. 203. Cargo carried aboard passenger aircraft.
Sec. 204. Training program for cargo handlers.
Sec. 205. Cargo carried aboard all-cargo aircraft.

                  TITLE III--PASSENGER IDENTIFICATION

Sec. 301. Passenger identification.

[[Page S11297]]

Sec. 302. Passenger identification verification.

              TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY

Sec. 401. Prohibition on unauthorized circumvention of airport security 
              systems and procedures.

                      TITLE V--WAR RISK INSURANCE

Sec. 501. War risk insurance for certain aircraft.

          TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

Sec. 601. Blast-resistant cargo container technology.

                       TITLE VII--FLIGHT SCHOOLS

Sec. 701. Modification of requirements regarding training to operate 
              aircraft

                       TITLE VIII--MISCELLANEOUS

Sec. 801. Applications for nonlethal cockpit weapons
Sec. 802. FAA Notices to Airmen FDC 1/3353 and 2/95823.

                 TITLE [VII] IX--TECHNICAL CORRECTIONS

Sec. [701.] 901. Technical corrections.

                  TITLE I--EXPLOSIVE DETECTION SYSTEMS

     SEC. 101. EXPLOSIVE DETECTION SYSTEMS.

       Section 44901(d) is amended by adding at the end the 
     following:
       ``(2) [Failure to meet deadline] Deadline.--
       ``(A) In general.--If the Under Secretary of Transportation 
     for Security determines that the Transportation Security 
     Administration is not able to deploy explosive detection 
     systems required to be deployed under paragraph (1) at all 
     airports where explosive detection systems are required by 
     December 31, 2002, then with respect to each airport for 
     which the Under Secretary makes that determination--
       ``(i) the Under Secretary shall submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a detailed plan (which may be submitted in 
     classified form) for the deployment of the number of 
     explosive detection systems at that airport necessary to meet 
     the requiremens of paragraph (1) as soon as practicable at 
     that airport; and
       ``(ii) the Under Secretary shall take all necessary action 
     to ensure that alternative means of screening all checked 
     baggage is implemented until the requirements of paragraph 
     (1) have been met.
       ``(B) Criteria for determination.--In making a 
     determination under subparagraph (A), the Under Secretary 
     shall take into account--
       ``(i) the nature and extent of the required modifications 
     to the airport's terminal buildings, and the technical, 
     engineering, design and construction issues;
       ``(ii) the need to ensure that such installations and 
     modifications are effective; and
       ``(iii) the feasibility and cost-effectiveness of deploying 
     explosive detection systems in the baggage sorting area or 
     other non-public area rather than the lobby of an airport 
     terminal building.
       ``(C) Limitation.--The Under Secretary may not make a 
     determination under subparagraph (A) in the case of more than 
     40 airports.
       ``(D) Airport effort required.--Each airport with respect 
     to which the Under Secretary makes a determination under 
     subparagraph (A) shall--
       ``(i) cooperate fully with the Transportation Security 
     Administration with respect to screening checked baggage and 
     changes to accommodate explosive detection systems; and
       ``(ii) make security projects a priority for the obligation 
     or expenditure of funds made available under chapter 417 or 
     471 until explosive detection systems required to be deployed 
     under paragraph (1) have been deployed at that airport.
       ``(3) Reports.--
       ``(A) In general.--Until the Transportation Security 
     Administration has met the requirements of paragraph (1), the 
     Under Secretary shall submit a classified report every 30 
     days after the date of enactment of the Aviation Security 
     Improvement Act to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure describing the progress 
     made toward meeting such requirements at each airport.
       ``(B) Limit on number of reports.--The Under Secretary 
     shall submit reports for  each airport until the requirements 
     of paragraph (1) have been met, but may not submit more 
     than [6] 12 reports for any airport.''.

                      TITLE II--AIR CARGO SECURITY

     SEC. 201. INSPECTION OF CARGO CARRIED ABOARD PASSENGER 
                   AIRCRAFT.

       Section 44901(f) is amended to read as follows:
       ``(f) Cargo.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall establish [a system] systems to screen, 
     inspect, or otherwise ensure the security of all cargo that 
     is to be transported in--
       ``(A) passenger aircraft operated by an air carrier or 
     foreign air carrier in air transportation or intrastate air 
     transportation; or
       ``(B) all-cargo aircraft in air transportation and 
     intrastate air transportation.
       ``(2) Strategic plan.--The Under Secretary shall develop a 
     strategic plan to carry out paragraph (1).''.

     SEC. 202. AIR CARGO SHIPPING.

       (a) In General.--Subchapter I of chapter 449, is amended by 
     adding at the end the following:

     ``Sec. 44921. Regular inspections of air cargo shipping 
       facilities

       ``The Under Secretary of Transportation for Security shall 
     establish a system for the regular inspection of shipping 
     facilities for shipments of cargo transported in air 
     transportation or intrastate air transportation to ensure 
     that appropriate security controls, systems, and protocols 
     are observed, and shall enter into [such] arrangements with 
     the civil aviation authorities, or other appropriate 
     officials, of foreign countries to ensure that inspections 
     are conducted on a regular basis at shipping facilities for 
     cargo transported in air transportation to the United 
     States.''.
       (b) Additional Inspectors.--The Under Secretary may 
     increase the number of inspectors as necessary to implement 
     the requirements of title 49, United States Code, as amended 
     by this title.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     449 is amended by adding at the end the following:

``44921. Regular inspections of air cargo shipping facilities.''.

     SEC. 203. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

       (a) In General.--Subchapter I of chapter 449, is further 
     amended by adding at the end the following:

     ``Sec. 44922. Air cargo security

       ``(a) Database.--The Under Secretary of Transportation for 
     Security shall establish an industry-wide pilot program 
     database of known shippers of cargo that is to be transported 
     in passenger aircraft operated by an air carrier or foreign 
     air carrier in air transportation or intrastate air 
     transportation. The Under Secretary shall use the [database] 
     results of the pilot program to improve the known shipper 
     program.
       ``(b) Indirect Air Carriers.--
       ``(1) Random inspections.--The Under Secretary shall 
     conduct random audits, investigations, and inspections of 
     indirect air carrier facilities to determine if the indirect 
     air carriers are meeting the security requirements of this 
     title.
       ``(2) Ensuring compliance.--The Under Secretary may take 
     such actions as may be appropriate to promote and ensure 
     compliance with the security standards established under this 
     title.
       ``[(2)] (3) Notice of failures.--The Under Secretary shall 
     notify the Secretary of Transportation of any indirect air 
     carrier that fails to meet security standards established 
     under this title.
       ``[(3)] (4) Suspension or revocation of certificate.--The 
     Secretary, as appropriate, shall suspend or revoke any 
     certificate or authority issued under chapter 411 to an 
     indirect air carrier immediately upon the recommendation of 
     the Under Secretary. Any indirect air carrier whose 
     certificate is suspended or revoked under this subparagraph 
     may appeal the suspension or revocation in accordance with 
     procedures established under this title for the appeal of 
     suspensions and revocations.
       ``[(4)] (5) Indirect air carrier.--In this subsection, the 
     term `indirect air carrier' has the meaning given that term 
     in part [109 of title 14,] 1548 of title 49,  Code of Federal 
     Regulations.''.
       (b) Assessment of Indirect Air Carrier Program.--The Under 
     Secretary of Transportation for Security shall assess the 
     security aspects of the indirect air carrier program under 
     part [109 of title 14,] 1548 of title 49, Code of Federal 
     Regulations, and report the result of the assessment, 
     together with any recommendations for necessary modifications 
     of the program to the Senate Committee on Commerce, Science, 
     and Transportation and the House of Representatives Committee 
     on Transportation and Infrastructure within 45 days after the 
     date of enactment of this Act. The Under Secretary may submit 
     the report and recommendations in classified form.
       (c) Report to Congress on Random Audits.--The Under 
     Secretary of Transportation for Security shall report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on random screening, audits, and 
     investigations of air cargo security programs based on threat 
     assessments and other relevant information. The report may be 
     submitted in classified form.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary to carry out this section.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     449, as amended by section 202, is amended by adding at the 
     end the following:

``44922. Air cargo security.''.

     SEC. 204. TRAINING PROGRAM FOR CARGO HANDLERS.

       The Under Secretary of Transportation for Security shall 
     establish a training program for any persons that handle air 
     cargo to ensure that the cargo is properly handled and safe-
     guarded from security breaches.

     SEC. 205. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

       (a) In General.--The Under Secretary of Transportation for 
     Security shall establish a program requiring that air 
     carriers operating all-cargo aircraft have an approved plan 
     for the security of their air operations area, the cargo 
     placed aboard such aircraft, and persons having access to 
     their aircraft on the ground or in flight.

[[Page S11298]]

       (b) Plan Requirements.--The plan shall include provisions 
     for--
       (1) security of each carrier's air operations areas and 
     cargo acceptance areas at the airports served;
       (2) background security checks for all employees with 
     access to the air operations area;
       (3) appropriate training for all employees and contractors 
     with security responsibilities;
       (4) appropriate screening of all flight crews and persons 
     transported aboard all-cargo aircraft;
       (5) security procedures for cargo placed on all-cargo 
     aircraft as provided in section [44901(f)] 44901(f)(1)(B) of 
     title 49, United States Code; and
       (6) additional measures deemed necessary and appropriate by 
     the Under Secretary.
       (c) Confidential Industry Review and Comment.--
       (1) Circulation of proposed program.--The Under Secretary 
     shall--
       (A) propose a program under subsection (a) within 90 days 
     after the date of enactment of this Act; and
       (B) distribute the proposed program, on a confidential 
     basis, to those air carriers and other employers to which the 
     program will apply.
       (2) Comment period.--Any person to which the proposed 
     program is distributed under paragraph (1) may provide 
     comments on the proposed program to the Under Secretary not 
     more than 60 days after it was received.
       (3) Final program.--The Under Secretary of Transportation 
     shall issue a final program under subsection (a) not later 
     than 45 days after the last date on which comments may be 
     provided under paragraph (2). The final program shall contain 
     time frames for the plans to be implemented by each air 
     carrier or employer to which it applies.
       (4) Suspension of procedural norms.--Neither chapter 5 of 
     title 5, United States Code, nor the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall apply to the program 
     required by this section.

                  TITLE III--PASSENGER IDENTIFICATION

     SEC. 301. PASSENGER IDENTIFICATION.

       (a) In General.--Subchapter I of chapter 449, as amended by 
     title II of this Act, is further amended by adding at the end 
     the following:

     ``Sec. 44923. Passenger identification

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Aviation Security Improvement Act, the 
     Under Secretary of Transportation for Security, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, appropriate law enforcement, security, and 
     terrorism experts, representatives of air carriers and labor 
     organizations representing individuals employed in commercial 
     aviation, shall develop protocols to provide guidance for 
     detection of false or fraudulent passenger identification. 
     The protocols may consider new technology, current 
     identification measures, training of personnel, and issues 
     related to the types of identification available to the 
     public.
       ``(b) Air Carrier Programs.--Within 60 days after the Under 
     Secretary issues the protocols under subsection (a) in final 
     form, the Under Secretary shall provide them to each air 
     carrier. The Under Secretary shall establish a joint 
     government and industry council to develop recommendations on 
     how to implement the protocols. The Under Secretary shall 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure within 1 year after the 
     date of enactment of the Aviation Security Improvement Act on 
     the actions taken under this section.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     449, is amended by adding at the end the following:

``44923. Passenger identification.''.

     SEC. 302. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Requirement.--Subchapter I of chapter 449, is further 
     amended by adding at the end the following:

     ``Sec. 44924. Passenger identification verification

       ``(a) Program Required.--The Under Secretary of 
     Transportation for Security may establish and carry out a 
     program to require the installation and use at airports in 
     the United States of such identification verification 
     technologies as the Under Secretary considers appropriate to 
     assist in the screening of passengers boarding aircraft at 
     such airports.
       ``(b) Technologies Employed.--The identification 
     verification technologies required as part of the program 
     under subsection (a) may include identification scanners, 
     biometrics, [retinal] retinal, iris, or facial scanners, or 
     any other technologies that the Under Secretary considers 
     appropriate for purposes of the program.
       ``(c) Commencement.--If the Under Secretary determines that 
     the implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     449, is amended by adding at the end the following:

``44924. Passenger identification verification.''.

              TITLE IV--CIRCUMVENTION OF AIRPORT SECURITY

     SEC. 401. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF 
                   AIRPORT SECURITY SYSTEMS AND PROCEDURES.

       (a) Prohibition.--Section 46503 is amended--
       (1) by inserting ``(a) Interference With Security Screening 
     Personnel.--'' before ``An individual''; and
       (2) by adding at the end the following new subsection:
       ``(b) Unauthorized Circumvention of Security Systems and 
     Procedures.--An individual in an area within a commercial 
     service airport in the United States who intentionally 
     circumvents, in an unauthorized manner, a security system or 
     procedure in the airport shall be fined under title 18, 
     imprisoned for not more than 10 years, or both.''.
       (b) Conforming and Clerical Amendments.--
       (1) The section heading of that section is amended to read 
     as follows:

     ``Sec. 46503. Interference with security screening personnel; 
       unauthorized circumvention of security systems or 
       procedures''.

       (2) The item relating to that section in the table of 
     sections at the beginning of chapter 465 is amended to read 
     as follows:

``46503. Interference with security screening personnel; unauthorized 
              circumvention of security systems or procedures.''.

                      TITLE V--WAR RISK INSURANCE

     SEC. 501. WAR RISK INSURANCE FOR CERTAIN AIRCRAFT.

       Section 44302 is amended by adding at the end the 
     following:
       ``(f) War Risk Insurance.--
       ``(1) In general.--Not later than 30 days after the date of 
     enactment of the Aviation Security Improvement Act, the 
     Secretary shall--
       ``(A) extend for 270 days from such date of enactment the 
     termination date of any aviation war risk insurance policies 
     the Department issued that were in effect on such date of 
     enactment on terms that are no less favorable than the terms 
     of those policies as the policies were in effect on June 19, 
     2002; and
       ``(B) offer to amend each policy the term of which is 
     extended to provide coverage for losses or injuries to hull, 
     passengers, and crew, in addition to coverage for injury to 
     third parties (with respect to both persons and property), on 
     such terms and conditions as the Secretary may prescribe, at 
     an additional premium comparable to the premium charged for 
     the third-party casualty coverage under existing Federal 
     Aviation Administration policies.
       ``(2) Report.--Not later than 90 days after the date of 
     enactment of the Aviation Security Improvement Act, the 
     Secretary shall transmit to the Committee on Commerce, 
     Science, and Transportation of the Senate and the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives a report that--
       ``(A) evaluates the availability of war risk insurance for 
     air carriers and other aviation entities for passengers and 
     third parties;
       ``(B) analyzes the economic effect upon air carriers and 
     other aviation entities of available war risk insurance; and
       ``(C) describes the manner in which the Department could 
     provide an alternative means of providing aviation war risk 
     reinsurance covering passengers, crew, and third parties 
     through use of a risk-retention group or by other means.''.

          TITLE VI--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

     SEC. 601. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

       Not later than 6 months after the date of enactment of this 
     Act, the Under Secretary of Transportation for Security, and 
     the Administrator of the Federal Aviation Administration, 
     shall jointly submit a report to Congress that--
       (1) evaluates blast-resistant cargo container technology to 
     protect against explosives in passenger luggage and cargo;
       (2) examines the advantages associated with this technology 
     in preventing the damage and loss of aircraft from terrorist 
     action, any operational impacts which may result 
     (particularly added weight and costs) and whether 
     alternatives exist to mitigate such impacts, and options 
     available to pay for this technology; and
       (3) provides recommendations on what further action, if 
     any, should be taken with respect to the use of blast-
     resistant cargo containers on passenger aircraft.

                       TITLE VII--FLIGHT SCHOOLS

     SEC. 701. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) Aliens Covered by Waiting Period.--Subsection (a) of 
     section 44939 is amended--
       (1) by resetting the text of subsection (a) after ``(a) 
     Waiting Period.--'' as a new paragraph 2 ems from the left 
     margin;
       (2) by striking ``A person'' in that new paragraph and 
     inserting ``(1) In general.--A person'';
       (3) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (4) by striking ``any aircraft having a maximum 
     certificated takeoff weight of 12,500 pounds or more'' and 
     inserting ``an aircraft'';
       (5) by striking ``paragraph (1)'' in paragraph (1)(B), as 
     redesignated, and inserting ``subparagraph (A)''; and
       (6) by adding at the end the following:
       ``(2) Exception.--The requirements of paragraph (1) shall 
     not apply to an alien who--
       ``(A) has earned a Federal Aviation Administration type 
     rating in an aircraft; or

[[Page S11299]]

       ``(B) holds a current pilot's license or foreign equivalent 
     commercial pilot's license that permits the person to fly an 
     aircraft with a maximum certificated takeoff weight of more 
     than 12,500 pounds as defined by the International Civil 
     Aviation Organization in Annex 1 to the Convention on 
     International Civil Aviation.''.
       (b) Covered Training.--Section 44936(c) is amended to read 
     as follows:
       ``(c) Covered Training.--
       ``(1) In general.--For purposes of subsection (a), training 
     includes in-flight training, training in a simulator, and any 
     other form or aspect of training.
       ``(2) Exception.--For the purposes of subsection (a), 
     training does not include classroom instruction (also known 
     as ground training), which may be provided to an alien during 
     the 45-day period applicable to the alien under that 
     subsection.''.
       (c) Procedures.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to implement section 113 of the Aviation and 
     Transportation Security Act.
       (2) Use of overseas facilities.--In order to implement the 
     amendments made to section 44939 of title 49, United States 
     Code, by this section, United States Embassies and Consulates 
     that have fingerprinting capability shall provide 
     fingerprinting services to aliens covered by that section if 
     the Attorney General requires their fingerprinting in the 
     administration of that section, and transmit the fingerprints 
     to the Department of Justice and any other appropriate 
     agency. The Attorney General of the United States shall 
     cooperate with the Secretary of State to carry out this 
     paragraph.
       (d) Effective Date.--Not later than 120 days after the date 
     of enactment of this Act, the Attorney General shall 
     promulgate regulations to implement the amendments made by 
     this section. The Attorney General may not interrupt or 
     prevent the training of any person described in section 
     44939(a)(1) of title 49, United States Code, who commenced 
     training on aircraft with a maximum certificated takeoff 
     weight of 12,500 pounds or less before, or within 120 days 
     after, the date of enactment of this Act unless the 
     Attorney General determines that the person represents a 
     risk to aviation or national security.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Attorney General shall jointly submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report on the effectiveness of the 
     activities carried out under section 44939 of title 49, 
     United States Code, as amended by this section, in reducing 
     risks to aviation and national security

                       TITLE VIII--MISCELLANEOUS

     SEC. 801. APPLICATIONS FOR NONLETHAL COCKPIT WEAPONS.

       The Secretary of Transportation shall act expeditiously on 
     any pending application by an air carrier seeking authority 
     for the use of less-than-lethal-weapons by its flight crews.

     SEC. 802. FAA NOTICES TO AIRMEN FDC 1/3353 AND 2/95823.

       (a) In General.--The Secretary of Transportation--
       (1) shall maintain in full force and effect the 
     restrictions imposed under Federal Aviation Administration 
     Notices to Airmen FDC 1/3353 and 2/9583 (including any local 
     Notices to Airmen of similar effect or import) as those 
     restrictions are in effect on the date of enactment of this 
     Act for a period of 180 days after that date;
       (2) may not grant any waivers or exemptions from those 
     restrictions, except as authorized by air traffic control for 
     operational or safety purposes; and
       (3) shall rescind immediately any waivers or exemptions 
     from those restrictions that are in effect on the date of 
     enactment of this Act.
       (b) Waivers.--Beginning no earlier than 180 days after the 
     date of enactment of this Act, the Secretary may modify or 
     terminate such restrictions, or issue waivers or exemptions 
     from such restrictions, if the Secretary promulgates, after 
     public notice and an opportunity for comment, a rule under 
     which the Secretary may grant a waiver or exemption only if--
       (1) the application for the waiver or exemption was 
     received by the Secretary not less than 5 days (excluding 
     Saturdays, Sundays, and holidays) before the proposed 
     operation for which it is requested;
       (2) the application is for a specific stadium or venue, 
     during a specified period of time, for a specific aircraft, 
     and contains the names of the pilot, crew, and passengers who 
     will be aboard the aircraft;
       (3) the pilot and each crewmember have passed a 
     fingerprint-based criminal history records check by the 
     Federal Bureau of Investigation;
       (4) the names of all individuals aboard the aircraft have 
     been compared with names on appropriate security watch lists;
       (5) access to the aircraft will be secured before the 
     proposed operation; and
       (6) timely notice has been, or will be, given to the 
     operators of the affected stadium or other venue.

                 TITLE [VII] IX--TECHNICAL CORRECTIONS

     SEC. [701.] 901. TECHNICAL CORRECTIONS.

       (a) Section 114(j)(1)(D) is amended by inserting ``Under'' 
     before ``Secretary''.
       (b) Section 115(c)(1) is amended--
       (1) by striking ``and ratify or disapprove''; and
       (2) by striking ``security'' the second place it appears 
     and inserting ``Security''.
       (c) Section 40109(b) is amended by striking ``40103(b)(1) 
     and (2), 40119, 44901, 44903, 44906, and 44935--44937'' and 
     inserting ``40103(b)(1) and (2) and 40119''.
       (d) Section 44901(a) is amended by inserting ``or, in the 
     case of United States mail, by an officer or employee of the 
     United States Postal Service under standards and procedures 
     established by the Under Secretary,'' after `` Code),''.
       (e) Section 44901(e) is amended by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
       (f) Section 44901(g)(2) is amended by striking ``Except at 
     airports required to enter into agreements under subsection 
     (c), the'' and inserting ``The''.
       (g) Section 44903 is amended--
       (1) by striking ``Administrator'' in subsection (c)(3) and 
     inserting ``Under Secretary''; and
       (2) by redesignating the second subsection (h), subsection 
     (i), and the third subsection (h) as subsections (i), (j), 
     and (k), respectively.
       (h) Section 44909 is amended--
       (1) by striking ``Not later than March 16, 1991, the'' in 
     subsection (a)(1) and inserting ``The''; and
       (2) by inserting ``of Transportation for Security'' after 
     ``Under Secretary'' in subsection (c)(2)(F).
       (i) Section 44935 is amended--
       [(1) by striking ``States;'' in subsection (e)(2)(A)(ii) 
     and inserting ``States or a national of the United States, as 
     defined in section 1101(a)(22) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(22));''; and]
       (1) by striking ``States;'' in subsection (e)(2)(A)(ii) and 
     inserting ``States or described in subparagraph (C);'';
       (2) by redesignating subparagraph subsection (e)(2)(C) as 
     subparagraph (D);
       (3) by inserting after subsection (e)(2)(B) the following:
       ``(C) Other individuals.--An individual is described in 
     this subparagraph if that individual--
       ``(i) is a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)));
       ``(ii) was born in a territory of the United States;
       ``(iii) was honorably discharged from service in the Armed 
     Forces of the United States; or
       ``(iv) is an alien lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act and was employed to perform 
     security screening services at an airport in the United 
     States on the date of enactment of the Aviation and 
     Transportation Security Act (Public Law 107-71).''; and
       [(2)] (4) by redesignating the second subsection (i) as 
     subsection (k).
       (j) Section 44936(a)(1)(A) is amended by striking 
     ``Transportation Security,,'' and inserting ``Security,''.
       (k) Section 44940 is amended--
       (1) by striking ``Federal law enforcement personnel 
     pursuant to section 44903(h).'' in subsection (a)(1)(G) and 
     inserting ``law enforcement personnel pursuant to this 
     title.'';
       (2) by inserting ``for'' after ``rules'' in the caption of 
     subsection (d)(2); and
       (3) by striking subsection (d)(4) and inserting the 
     following:
       ``(4) Fee collection.--Fees may be collected under this 
     section as provided in advance in appropriations Acts.''.
       (l) Section 46301(a) is amended by adding at the end the 
     following:
       ``(8) Aviation security violations.--Notwithstanding 
     paragraphs (1) and (2) of this subsection, the maximum civil 
     penalty for violating chapter 449 or another requirement 
     under this title administered by the Under Secretary of 
     Transportation for Security is $10,000, except that the 
     maximum civil penalty is $25,000 in the case of a person 
     operating an aircraft for the transportation of passengers 
     or property for compensation (except an airman serving as 
     an airman).''.
       (m) Section 46301(d)(2) is amended--
       (1) by striking ``46302, 46303,'' in the first sentence;
       (2) by striking the second sentence and inserting ``The 
     Under Secretary of Transportation for Security may impose a 
     civil penalty for a violation of section 114(l), section 
     40113, 40119, chapter 449 (except sections 44902, 44903(d), 
     44907(a)-(d)(1)(A), 44907(d)(1)(C)-(F), 44908, and 44909), 
     section 46302, 46303, or 46318 of this title, or a regulation 
     prescribed or order issued under any of those provisions.''.
       (n) Section 46301(g) is amended by striking ``Secretary'' 
     and inserting ``Secretary, the Under Secretary of 
     Transportation for Security,''.
       (o) Chapter 465 is amended--
       (1) by striking ``screening'' in the caption of section 
     46503; and
       (2) by striking ``screening'' in the item relating to 
     section 46503 in the chapter analysis.
       (p) Section 47115(i) is amended by striking ``non-federal'' 
     each place it appears and inserting ``non-Federal''.
       (q) Section 48107 is amended by striking ``section 
     44912(a)(4)(A).'' and inserting ``section 44912(a)(5)(A).''.
       (r) Sections 44903(i)(1) (as redesignated), 44942(b), and 
     44943(c) are each amended by striking ``Under Secretary for 
     Transportation Security'' each place it appears and inserting 
     ``Under Secretary''.
       (s) Section 44936 is amended by adding at the end the 
     following:
       ``(f) Protection of Privacy of Applicants and Employees.--
     The Under Secretary shall formulate and implement procedures 
     that are designed to prevent the transmission of information 
     not relevant to an applicant's or employee's qualifications 
     for unescorted access to secure areas of an airport when that 
     applicant or employee is undergoing a criminal history 
     records check.''.

[[Page S11300]]

       (t) Sections 44942(a)(1) and 44943(a) are each amended by 
     striking ``Under Secretary for Transportation Security'' and 
     inserting ``Under Secretary of Transportation for Security''.
       (u) Subparagraphs (B) and (C) of section 44936(a)(1) are 
     each amended by striking ``Under Secretary of Transportation 
     for Transportation Security'' and inserting ``Under 
     Secretary''.
       (v) Section 44943(c) is amended by inserting ``and 
     Transportation'' after ``Aviation''.
       (w) Section 44942(b) is amended--
       (1) by striking ``(1) Performance plan and report.--'';
       (2) redesignating subparagraphs (A) and (B) as paragraphs 
     (1) and (2), respectively; and
       (3) redesignating clauses (i) and (ii) of paragraph (1), as 
     redesignated, as subparagraphs (A) and (B), respectively.
       (x) The chapter analysis for chapter 449 is amended by 
     inserting after the item relating to section 44941 the 
     following:

``44942. Performance goals and objectives.
``44943. Performance management plans.''.

       (y) Section 44944(a)(1) is amended by striking ``Under 
     Secretary of Transportation for Transportation Security'' and 
     inserting ``Under Secretary of Transportation for Security''.
       (z) Section 106(b)(2)(B) of the Aviation and Transportation 
     Security Act is amended by inserting ``Under'' before 
     ``Secretary''.
       (aa) Section 119(c) of the Aviation and Transportation 
     Security Act is amended by striking ``section 47192(3)(J)'' 
     and inserting ``section 47102(3)(J)''.
       (bb) Section 132(a) of the Aviation and Transportation 
     Security Act is amended by striking ``12,500 pounds or 
     more.'' and inserting ``more than 12,500 pounds.''.
  Mrs. HUTCHISON. Mr. President, I ask unanimous consent that the 
committee-reported amendments be agreed to; I understand that Senators 
Hollings and McCain have an amendment at the desk, and I ask that the 
amendment be considered; that the Hollings-Rockefeller-McCain 
amendment, which is at the desk, be considered and agreed to; that the 
substitute amendment, as amended, be agreed to; that the motions to 
reconsider be laid upon the table, en bloc; that the bill, as amended, 
be read three times, passed, and the motion to reconsider be laid upon 
the table; that any statements relating thereto be printed in the 
Record, without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendments were agreed to.


                Amendment No. 4969 To Amendment No. 4968

(Purpose: To add the text of S. 2950, entitled ``A bill To amend title 
 49, United States Code, to authorize appropriations for the National 
Transportation Safety Board for fiscal years 2003, 2004, and 2005, and 
    for other purposes'', as reported by the Committee on Commerce, 
                      Science, and Transportation)

  The amendment (No. 4969) was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')


                           Amendment No. 4968

  (Purpose: To provide for enhanced aviation security, and for other 
                               purposes)

  The amendment (No. 4968), in the nature of a substitute, as amended, 
was agreed to.
  (The amendment is printed in today's Record under ``Text of 
Amendments.'')
  The bill (S. 2949), as amended, was read the third time and passed, 
as follows:

                                S. 2949

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE; AMENDMENT OF TITLE 49.

       (a) Short Title.--This Act may be cited as the ``Aviation 
     Security Improvement Act''.
       (b) Amendment of title 49.--Except as otherwise expressly 
     provided, whenever in this Act an amendment or repeal is 
     expressed in terms of an amendment to, or a repeal of, a 
     section or other provision, the reference shall be considered 
     to be made to a section or other provision of title 49, 
     United States Code.

     SEC. 2. TABLE OF CONTENTS.

       The table of contents for this Act is as follows:

Sec. 1. Short title; amendment of title 49.
Sec. 2. Table of contents.

                      TITLE I--AIR CARGO SECURITY

Sec. 101. Inspection of cargo carried aboard passenger aircraft.
Sec. 102. Air cargo shipping.
Sec. 103. Cargo carried aboard passenger aircraft.
Sec. 104. Training program for cargo handlers.
Sec. 105. Cargo carried aboard all-cargo aircraft.

                   TITLE II--PASSENGER IDENTIFICATION

Sec. 201. Passenger identification.
Sec. 202. Passenger identification verification.

              TITLE III--CIRCUMVENTION OF AIRPORT SECURITY

Sec. 301. Prohibition on unauthorized circumvention of airport security 
              systems and procedures.

          TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

Sec. 401. Blast-resistant cargo container technology.

                        TITLE V--FLIGHT SCHOOLS

Sec. 501. Modification of requirements regarding training to operate 
              aircraft

                        TITLE VI--MISCELLANEOUS

Sec. 601. FAA Notice to Airmen FDC 2/0199.

                    Title VII--Technical Corrections

Sec. 701. Technical corrections.

                     TITLE VIII--NTSB AUTHORIZATION

Sec. 801. Short title.
Sec. 802. Authorization of appropriations.
Sec. 803. Assistance to families of passengers involved in aircraft 
              accidents.
Sec. 804. Relief from contracting requirements for investigations 
              services.

                    TITLE IX--CHILD PASSENGER SAFETY

Sec. 901. Short title.
Sec. 902. Improvement of safety of child restraints in passenger motor 
              vehicles.
Sec. 903. Report on development of crash test dummy simulating a 10-
              year old child.
Sec. 904. Requirements for installation of lap and shoulder belts.
Sec. 905. Two-year extension of child passenger protection education 
              grants program.
Sec. 906. Grants for improving child passenger safety programs.
Sec. 907. Definitions.
Sec. 908. Authorization of appropriations.

                      TITLE I--AIR CARGO SECURITY

     SEC. 101. INSPECTION OF CARGO CARRIED ABOARD PASSENGER 
                   AIRCRAFT.

       Section 44901(f) is amended to read as follows:
       ``(f) Cargo.--
       ``(1) In general.--The Under Secretary of Transportation 
     for Security shall establish systems to screen, inspect, or 
     otherwise ensure the security of all cargo that is to be 
     transported in--
       ``(A) passenger aircraft operated by an air carrier or 
     foreign air carrier in air transportation or intrastate air 
     transportation; or
       ``(B) all-cargo aircraft in air transportation and 
     intrastate air transportation.
       ``(2) Strategic plan.--The Under Secretary shall develop a 
     strategic plan to carry out paragraph (1).''.

     SEC. 102. AIR CARGO SHIPPING.

       (a) In General.--Subchapter I of chapter 449, is amended by 
     adding at the end the following:

     ``Sec. 44921. Regular inspections of air cargo shipping 
       facilities

       ``The Under Secretary of Transportation for Security shall 
     establish a system for the regular inspection of shipping 
     facilities for shipments of cargo transported in air 
     transportation or intrastate air transportation to ensure 
     that appropriate security controls, systems, and protocols 
     are observed, and shall enter into arrangements with the 
     civil aviation authorities, or other appropriate officials, 
     of foreign countries to ensure that inspections are conducted 
     on a regular basis at shipping facilities for cargo 
     transported in air transportation to the United States.''.
       (b) Additional Inspectors.--The Under Secretary may 
     increase the number of inspectors as necessary to implement 
     the requirements of title 49, United States Code, as amended 
     by this subtitle.
       (c) Conforming Amendment.--The chapter analysis for chapter 
     449 is amended by adding at the end the following:

``44921. Regular inspections of air cargo shipping facilities''.

     SEC. 103. CARGO CARRIED ABOARD PASSENGER AIRCRAFT.

       (a) In General.--Subchapter I of chapter 449, is further 
     amended by adding at the end the following:

     ``Sec. 44922. Air cargo security

       ``(a) Database.--The Under Secretary of Transportation for 
     Security shall establish an industry-wide pilot program 
     database of known shippers of cargo that is to be transported 
     in passenger aircraft operated by an air carrier or foreign 
     air carrier in air transportation or intrastate air 
     transportation. The Under Secretary shall use the results of 
     the pilot program to improve the known shipper program.
       ``(b) Indirect air carriers.--
       ``(1) Random inspections.--The Under Secretary shall 
     conduct random audits, investigations, and inspections of 
     indirect air carrier facilities to determine if the indirect 
     air carriers are meeting the security requirements of this 
     title.
       ``(2) Ensuring compliance.--The Under Secretary may take 
     such actions as may be appropriate to promote and ensure 
     compliance with the security standards established under this 
     title.
       ``(3) Notice of failures.--The Under Secretary shall notify 
     the Secretary of Transportation of any indirect air carrier 
     that fails to meet security standards established under this 
     title.
       ``(4) Suspension or revocation of certificate.--The 
     Secretary, as appropriate, shall suspend or revoke any 
     certificate or authority issued under chapter 411 to an 
     indirect

[[Page S11301]]

     air carrier immediately upon the recommendation of the Under 
     Secretary. Any indirect air carrier whose certificate is 
     suspended or revoked under this subparagraph may appeal the 
     suspension or revocation in accordance with procedures 
     established under this title for the appeal of suspensions 
     and revocations.
       ``(5) Indirect air carrier.--In this subsection, the term 
     `indirect air carrier' has the meaning given that term in 
     part 1548 of title 49, Code of Federal Regulations.
       ``(c) Consideration of Community Needs.--In implementing 
     air cargo security requirements under this title, the Under 
     Secretary may take into consideration the extraordinary air 
     transportation needs of small or isolated communities and 
     unique operational characteristics of carriers that serve 
     those communities.''.
       (b) Assessment of Indirect Air Carrier Program.--The Under 
     Secretary of Transportation for Security shall assess the 
     security aspects of the indirect air carrier program under 
     part 1548 of title 49, Code of Federal Regulations, and 
     report the result of the assessment, together with any 
     recommendations for necessary modifications of the program to 
     the Senate Committee on Commerce, Science, and Transportation 
     and the House of Representatives Committee on Transportation 
     and Infrastructure within 45 days after the date of enactment 
     of this Act. The Under Secretary may submit the report and 
     recommendations in classified form.
       (c) Report to Congress on Random Audits.--The Under 
     Secretary of Transportation for Security shall report to the 
     Senate Committee on Commerce, Science, and Transportation and 
     the House of Representatives Committee on Transportation and 
     Infrastructure on random screening, audits, and 
     investigations of air cargo security programs based on threat 
     assessments and other relevant information. The report may be 
     submitted in classified form.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Transportation such 
     sums as may be necessary to carry out this section.
       (e) Conforming Amendment.--The chapter analysis for chapter 
     449, as amended by section 102, is amended by adding at the 
     end the following:

``44922. Air cargo security''.

     SEC. 104. TRAINING PROGRAM FOR CARGO HANDLERS.

       The Under Secretary of Transportation for Security shall 
     establish a training program for any persons that handle air 
     cargo to ensure that the cargo is properly handled and safe-
     guarded from security breaches.

     SEC. 105. CARGO CARRIED ABOARD ALL-CARGO AIRCRAFT.

       (a) In General.--The Under Secretary of Transportation for 
     Security shall establish a program requiring that air 
     carriers operating all-cargo aircraft have an approved plan 
     for the security of their air operations area, the cargo 
     placed aboard such aircraft, and persons having access to 
     their aircraft on the ground or in flight.
       (b) Plan Requirements.--The plan shall include provisions 
     for--
       (1) security of each carrier's air operations areas and 
     cargo acceptance areas at the airports served;
       (2) background security checks for all employees with 
     access to the air operations area;
       (3) appropriate training for all employees and contractors 
     with security responsibilities;
       (4) appropriate screening of all flight crews and persons 
     transported aboard all-cargo aircraft;
       (5) security procedures for cargo placed on all-cargo 
     aircraft as provided in section 44901(f)(1)(B) of title 49, 
     United States Code; and
       (6) additional measures deemed necessary and appropriate by 
     the Under Secretary.
       (c) Confidential Industry Review and Comment.--
       (1) Circulation of proposed program.--The Under Secretary 
     shall--
       (A) propose a program under subsection (a) within 90 days 
     after the date of enactment of this Act; and
       (B) distribute the proposed program, on a confidential 
     basis, to those air carriers and other employers to which the 
     program will apply.
       (2) Comment period.--Any person to which the proposed 
     program is distributed under paragraph (1) may provide 
     comments on the proposed program to the Under Secretary not 
     more than 60 days after it was received.
       (3) Final program.--The Under Secretary of Transportation 
     shall issue a final program under subsection (a) not later 
     than 45 days after the last date on which comments may be 
     provided under paragraph (2). The final program shall contain 
     time frames for the plans to be implemented by each air 
     carrier or employer to which it applies.
       (4) Suspension of procedural norms.--Neither chapter 5 of 
     title 5, United States Code, nor the Federal Advisory 
     Committee Act (5 U.S.C. App.) shall apply to the program 
     required by this section.

                   TITLE II--PASSENGER IDENTIFICATION

     SEC. 201. PASSENGER IDENTIFICATION.

       (a) In General.--Subchapter I of chapter 449, as amended by 
     title II of this Act, is further amended by adding at the end 
     the following:

     ``Sec. 44923. Passenger identification

       ``(a) In General.--Not later than 180 days after the date 
     of enactment of the Aviation Security Improvement Act, the 
     Under Secretary of Transportation for Security, in 
     consultation with the Administrator of the Federal Aviation 
     Administration, appropriate law enforcement, security, and 
     terrorism experts, representatives of air carriers and labor 
     organizations representing individuals employed in commercial 
     aviation, shall develop protocols to provide guidance for 
     detection of false or fraudulent passenger identification. 
     The protocols may consider new technology, current 
     identification measures, training of personnel, and issues 
     related to the types of identification available to the 
     public.
       ``(b) Air Carrier Programs.--Within 60 days after the Under 
     Secretary issues the protocols under subsection (a) in final 
     form, the Under Secretary shall provide them to each air 
     carrier. The Under Secretary shall establish a joint 
     government and industry council to develop recommendations on 
     how to implement the protocols. The Under Secretary shall 
     report to the Senate Committee on Commerce, Science, and 
     Transportation and the House of Representatives Committee on 
     Transportation and Infrastructure within 1 year after the 
     date of enactment of the Aviation Security Improvement Act on 
     the actions taken under this section.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     449, is amended by adding at the end the following:

``44923. Passenger identification''.

     SEC. 202. PASSENGER IDENTIFICATION VERIFICATION.

       (a) Requirement.--Subchapter I of chapter 449, is further 
     amended by adding at the end the following:

     ``Sec. 44924. Passenger identification verifica-tion

       ``(a) Program Required.--The Under Secretary of 
     Transportation for Security may establish and carry out a 
     program to require the installation and use at airports in 
     the United States of such identification verification 
     technologies as the Under Secretary considers appropriate to 
     assist in the screening of passengers boarding aircraft at 
     such airports.
       ``(b) Technologies Employed.--The identification 
     verification technologies required as part of the program 
     under subsection (a) may include identification scanners, 
     biometrics, retinal, iris, or facial scanners, or any other 
     technologies that the Under Secretary considers appropriate 
     for purposes of the program.
       ``(c) Commencement.--If the Under Secretary determines that 
     the implementation of such a program is appropriate, the 
     installation and use of identification verification 
     technologies under the program shall commence as soon as 
     practicable after the date of that determination.''.
       (b) Conforming Amendment.--The chapter analysis for chapter 
     449 is amended by adding at the end the following:

``44924. Passenger identification verification''.

              TITLE III--CIRCUMVENTION OF AIRPORT SECURITY

     SEC. 301. PROHIBITION ON UNAUTHORIZED CIRCUMVENTION OF 
                   AIRPORT SECURITY SYSTEMS AND PROCEDURES.

       (a) Prohibition.--Section 46503 is amended--
       (1) by inserting ``(a) Interference With Security Screening 
     Personnel.--'' before ``An individual''; and
       (2) by adding at the end the following new subsection:
       ``(b) Unauthorized Circumvention of Security Systems and 
     Procedures.--An individual in an area within a commercial 
     service airport in the United States who intentionally 
     circumvents, in an unauthorized manner, a security system or 
     procedure in the airport shall be fined under title 18, 
     imprisoned for not more than 10 years, or both.''.
       (b) Conforming and Clerical Amendments.--
       (1) The section heading of that section is amended to read 
     as follows:

     ``Sec. 46503. Interference with security screening personnel; 
       unauthorized circumvention of security systems or 
       procedures''.

       (2) The chapter analysis for chapter 465 is amended by 
     striking the item relating to section 46503 and inserting the 
     following:

``46503. Interference with security screening personnel; unauthorized 
              circumvention of security systems or procedures''.

          TITLE IV--BLAST RESISTANT CARGO CONTAINER TECHNOLOGY

     SEC. 401. BLAST-RESISTANT CARGO CONTAINER TECHNOLOGY.

       Not later than 6 months after the date of enactment of this 
     Act, the Under Secretary of Transportation for Security, and 
     the Administrator of the Federal Aviation Administration, 
     shall jointly submit a report to Congress that--
       (1) evaluates blast-resistant cargo container technology to 
     protect against explosives in passenger luggage and cargo;
       (2) examines the advantages associated with this technology 
     in preventing the damage and loss of aircraft from terrorist 
     action, any operational impacts which may result 
     (particularly added weight and costs) and whether 
     alternatives exist to mitigate such impacts, and options 
     available to pay for this technology; and
       (3) provides recommendations on what further action, if 
     any, should be taken with respect to the use of blast-
     resistant cargo containers on passenger aircraft.

[[Page S11302]]

                        TITLE V--FLIGHT SCHOOLS

     SEC. 501. MODIFICATION OF REQUIREMENTS REGARDING TRAINING TO 
                   OPERATE AIRCRAFT.

       (a) Aliens Covered by Waiting Period.--Subsection (a) of 
     section 44939 is amended--
       (1) by resetting the text of subsection (a) after ``(a) 
     Waiting Period.--'' as a new paragraph 2 ems from the left 
     margin;
       (2) by striking ``A person'' in that new paragraph and 
     inserting ``(1) In general.--A person'';
       (3) by redesignating paragraphs (1) and (2) as 
     subparagraphs (A) and (B), respectively;
       (4) by striking ``any aircraft having a maximum 
     certificated takeoff weight of 12,500 pounds or more'' and 
     inserting ``an aircraft'';
       (5) by striking ``paragraph (1)'' in paragraph (1)(B), as 
     redesignated, and inserting ``subparagraph (A)''; and
       (6) by adding at the end the following:
       ``(2) Exception.--The requirements of paragraph (1) shall 
     not apply to an alien who--
       ``(A) has earned a Federal Aviation Administration type 
     rating in an aircraft; or
       ``(B) holds a current pilot's license or foreign equivalent 
     commercial pilot's license that permits the person to fly an 
     aircraft with a maximum certificated takeoff weight of more 
     than 12,500 pounds as defined by the International Civil 
     Aviation Organization in Annex 1 to the Convention on 
     International Civil Aviation.''.
       (b) Covered Training.--Section 44936(c) is amended to read 
     as follows:
       ``(c) Covered Training.--
       ``(1) In general.--For purposes of subsection (a), training 
     includes in-flight training, training in a simulator, and any 
     other form or aspect of training.
       ``(2) Exception.--For the purposes of subsection (a), 
     training does not include classroom instruction (also known 
     as ground training), which may be provided to an alien during 
     the 45-day period applicable to the alien under that 
     subsection.''.
       (c) Procedures.--
       (1) In general.--Not later than 30 days after the date of 
     enactment of this Act, the Attorney General shall promulgate 
     regulations to implement section 113 of the Aviation and 
     Transportation Security Act.
       (2) Use of overseas facilities.--In order to implement the 
     amendments made to section 44939 of title 49, United States 
     Code, by this section, United States Embassies and Consulates 
     that have fingerprinting capability shall provide 
     fingerprinting services to aliens covered by that section if 
     the Attorney General requires their fingerprinting in the 
     administration of that section, and transmit the fingerprints 
     to the Department of Justice and any other appropriate 
     agency. The Attorney General of the United States shall 
     cooperate with the Secretary of State to carry out this 
     paragraph.
       (d) Effective Date.--Not later than 120 days after the date 
     of enactment of this Act, the Attorney General shall 
     promulgate regulations to implement the amendments made by 
     this section. The Attorney General may not interrupt or 
     prevent the training of any person described in section 
     44939(a)(1) of title 49, United States Code, who commenced 
     training on aircraft with a maximum certificated takeoff 
     weight of 12,500 pounds or less before, or within 120 days 
     after, the date of enactment of this Act unless the Attorney 
     General determines that the person represents a risk to 
     aviation or national security.
       (e) Report.--Not later than 1 year after the date of 
     enactment of this Act, the Secretary of Transportation and 
     the Attorney General shall jointly submit to the Senate 
     Committee on Commerce, Science, and Transportation and the 
     House of Representatives Committee on Transportation and 
     Infrastructure a report on the effectiveness of the 
     activities carried out under section 44939 of title 49, 
     United States Code, as amended by this section, in reducing 
     risks to aviation and national security.

                        TITLE VI--MISCELLANEOUS

     SEC. 601. FAA NOTICE TO AIRMEN FDC 2/0199.

       (a) In General.--The Secretary of Transportation--
       (1) shall maintain in full force and effect the 
     restrictions imposed under Federal Aviation Administration 
     Notice to Airmen FDC 2/0199 (including any local Notices to 
     Airmen of similar effect or import), as those restrictions 
     are in effect on the date of enactment of this Act, for a 
     period of 180 days after that date;
       (2) shall rescind immediately any waivers or exemptions 
     from those restrictions that are in effect on the date of 
     enactment of this Act; and
       (3) may not grant any waivers or exemptions from those 
     restrictions, except--
       (A) as authorized by air traffic control for operational or 
     safety purposes;
       (B) for operational purposes of an event, stadium, or other 
     venue, including (in the case of a sporting event) equipment 
     or parts, transport of team members, officials of the 
     governing body and immediate family members of team members 
     and officials to and from the event, stadium, or other venue;
       (C) for broadcast coverage for any broadcast rights holder;
       (D) for safety and security purposes of the event, stadium, 
     or other venue; or
       (E) to operate an aircraft in restricted airspace to the 
     extent necessary to arrive at or depart from an airport using 
     standard air traffic procedures.
       (b) Waivers.--Beginning no earlier than 180 days after the 
     date of enactment of this Act, the Secretary may modify or 
     terminate such restrictions, or issue waivers or exemptions 
     from such restrictions, if the Secretary promulgates, after 
     public notice and an opportunity for comment, a rule setting 
     forth the standards under which the Secretary may grant a 
     waiver or exemption. Such standards shall provide a level of 
     security at least equivalent to that provided by the waiver 
     policy applied by the Secretary as of the date of enactment 
     of this Act.
       (c) Broadcast Contracts Not Affected.--Nothing in this 
     section shall be construed to affect contractual rights 
     pertaining to any broadcasting agreement.

                    TITLE VII--TECHNICAL CORRECTIONS

     SEC. 701. TECHNICAL CORRECTIONS.

       (a) Section 114(j)(1)(D) is amended by inserting ``Under'' 
     before ``Secretary''.
       (b) Section 115(c)(1) is amended--
       (1) by striking ``and ratify or disapprove''; and
       (2) by striking ``security'' the second place it appears 
     and inserting ``Security''.
       (c) Section 40109(b) is amended by striking ``40103(b)(1) 
     and (2), 40119, 44901, 44903, 44906, and 44935--44937'' and 
     inserting ``40103(b)(1) and (2) and 40119''.
       (d) Section 44901(e) is amended by striking ``subsection 
     (b)(1)(A)'' and inserting ``subsection (d)(1)(A)''.
       (e) Section 44901(g)(2) is amended by striking ``Except at 
     airports required to enter into agreements under subsection 
     (c), the'' and inserting ``The''.
       (f) Section 44903 is amended--
       (1) by striking ``Administrator'' in subsection (c)(3) and 
     inserting ``Under Secretary''; and
       (2) by redesignating the second subsection (h), subsection 
     (i), and the third subsection (h) as subsections (i), (j), 
     and (k), respectively.
       (g) Section 44909 is amended--
       (1) by striking ``Not later than March 16, 1991, the'' in 
     subsection (a)(1) and inserting ``The''; and
       (2) by inserting ``of Transportation for Security'' after 
     ``Under Secretary'' in subsection (c)(2)(F).
       (h) Section 44935 is amended--
       (1) by striking ``States;'' in subsection (e)(2)(A)(ii) and 
     inserting ``States or described in subparagraph (C);'';
       (2) by redesignating subparagraph subsection (e)(2)(C) as 
     subparagraph (D);
       (3) by inserting after subsection (e)(2)(B) the following:
       ``(C) Other individuals.--An individual is described in 
     this subparagraph if that individual--
       ``(i) is a national of the United States (as defined in 
     section 101(a)(22) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(22)));
       ``(ii) was born in a territory of the United States;
       ``(iii) was honorably discharged from service in the Armed 
     Forces of the United States; or
       ``(iv) is an alien lawfully admitted for permanent 
     residence, as defined in section 101(a)(20) of the 
     Immigration and Nationality Act and was employed to perform 
     security screening services at an airport in the United 
     States on the date of enactment of the Aviation and 
     Transportation Security Act (Public Law 107-71).'';
       (4) by inserting ``and'' after the semicolon in subsection 
     (e)(2)(A) (iii);
       (5) by striking ``establish; and'' in subsection 
     (e)(2)(A)(iv) and inserting ``establish.'';
       (6) by striking subsection (e)(2)(A)(v);
       (7) by adding at the end of subsection (f)(1) the 
     following:
       ``(E) The individual shall be able to demonstrate daily a 
     fitness for duty without any impairment due to illegal drugs, 
     sleep deprivation, medication, or alcohol.''; and
       (8) by redesignating the second subsection (i) as 
     subsection (k).
       (i) Section 44936(a)(1)(A) is amended by striking 
     ``Transportation Security,,'' and inserting ``Security,''.
       (j) Section 44940 is amended--
       (1) by striking ``Federal law enforcement personnel 
     pursuant to section 44903(h).'' in subsection (a)(1)(G) and 
     inserting ``law enforcement personnel pursuant to this 
     title.'';
       (2) by inserting ``for'' after ``rules'' in the caption of 
     subsection (d)(2); and
       (3) by striking subsection (d)(4) and inserting the 
     following:
       ``(4) Fee collection.--Fees may be collected under this 
     section as provided in advance in appropriations Acts.''.
       (k) Section 46301(a) is amended by adding at the end the 
     following:
       ``(8) Aviation security violations.--Notwithstanding 
     paragraphs (1) and (2) of this subsection, the maximum civil 
     penalty for violating chapter 449 or another requirement 
     under this title administered by the Under Secretary of 
     Transportation for Security is $10,000, except that the 
     maximum civil penalty is $25,000 in the case of a person 
     operating an aircraft for the transportation of passengers or 
     property for compensation (except an airman serving as an 
     airman).''.
       (l) Section 46301(d)(2) is amended--
       (1) by striking ``46302, 46303,'' in the first sentence;
       (2) by striking the second sentence and inserting ``The 
     Under Secretary of Transportation for Security may impose a 
     civil penalty for a violation of section 114(l), section 
     40113, 40119, chapter 449 (except sections 44902, 44903(d), 
     44907(a)--(d)(1)(A), 44907(d)(1)(C)--(F), 44908, and 44909), 
     section

[[Page S11303]]

     46302, 46303, or 46318 of this title, or a regulation 
     prescribed or order issued under any of those provisions.''.
       (m) Section 46301(g) is amended by striking ``Secretary'' 
     and inserting ``Secretary, the Under Secretary of 
     Transportation for Security,''.
       (n) Chapter 465 is amended--
       (1) by striking ``screening'' in the caption of section 
     46503; and
       (2) by striking ``screening'' in the item relating to 
     section 46503 in the chapter analysis.
       (o) Section 47115(i) is amended by striking ``non-federal'' 
     each place it appears and inserting ``non-Federal''.
       (p) Section 48107 is amended by striking ``section 
     44912(a)(4)(A).'' and inserting ``section 44912(a)(5)(A).''.
       (q) Sections 44903(i)(1) (as redesignated), 44942(b), and 
     44943(c) are each amended by striking ``Under Secretary for 
     Transportation Security'' each place it appears and inserting 
     ``Under Secretary''.
       (r) Section 44936 is amended by adding at the end the 
     following:
       ``(f) Protection of Privacy of Applicants and Employees.--
     The Under Secretary shall formulate and implement procedures 
     that are designed to prevent the transmission of information 
     not relevant to an applicant's or employee's qualifications 
     for unescorted access to secure areas of an airport when that 
     applicant or employee is undergoing a criminal history 
     records check.''.
       (s) Sections 44942(a)(1) and 44943(a) are each amended by 
     striking ``Under Secretary for Transportation Security'' and 
     inserting ``Under Secretary of Transportation for Security''.
       (t) Subparagraphs (B) and (C) of section 44936(a)(1) are 
     each amended by striking ``Under Secretary of Transportation 
     for Transportation Security'' and inserting ``Under 
     Secretary''.
       (u) Section 44943(c) is amended by inserting ``and 
     Transportation'' after ``Aviation''.
       (v) Section 44942(b) is amended--
       (1) by striking ``(1) Performance plan and report.--'';
       (2) redesignating subparagraphs (A) and (B) as paragraphs 
     (1) and (2), respectively; and
       (3) redesignating clauses (i) and (ii) of paragraph (1), as 
     redesignated, as subparagraphs (A) and (B), respectively.
       (w) The chapter analysis for chapter 449 is amended by 
     inserting after the item relating to section 44941 the 
     following:

``44942. Performance goals and objectives
``44943. Performance management plans''.
       (x) Section 44944(a)(1) is amended by striking ``Under 
     Secretary of Transportation for Transportation Security'' and 
     inserting ``Under Secretary of Transportation for Security''.
       (y) Section 106(b)(2)(B) of the Aviation and Transportation 
     Security Act is amended by inserting ``Under'' before 
     ``Secretary''.
       (z) Section 119(c) of the Aviation and Transportation 
     Security Act is amended by striking ``section 47192(3)(J)'' 
     and inserting ``section 47102(3)(J)''.
       (aa) Section 132(a) of the Aviation and Transportation 
     Security Act is amended by striking ``12,500 pounds or 
     more.'' and inserting ``more than 12,500 pounds.''.

                     TITLE VIII--NTSB AUTHORIZATION

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``National Transportation 
     Safety Board Reauthorization Act of 2002''.

     SEC. 802. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Years 2003-2005.--Section 1118(a) of title 49, 
     United States Code, is amended--
       (1) by striking ``and''; and
       (2) by striking ``such sums to'' and inserting the 
     following: ``$73,325,000 for fiscal year 2003, $84,999,000 
     for fiscal year 2004, and $89,687,000 for fiscal year 2005. 
     Such sums shall''.
       (b) Emergency Fund.--Section 1118(b) of such title is 
     amended by striking the second sentence and inserting the 
     following: ``In addition, there are authorized to be 
     appropriated such sums as may be necessary to increase the 
     fund to, and maintain the fund at, a level not to exceed 
     $3,000,000.''.
       (c) NTSB Academy.--Section 1118 of such title is amended by 
     adding at the end the following:
       ``(c) Academy.--
       ``(1) Authorization.--There are authorized to be 
     appropriated to the Board for necessary expenses of the 
     National Transportation Safety Board Academy, not otherwise 
     provided for, $3,347,000 for fiscal year 2003, $4,896,000 for 
     fiscal year 2004, and $4,995,000 for fiscal year 2005. Such 
     sums shall remain available until expended.
       ``(2) Fees.--The Board may impose and collect such fees as 
     it determines to be appropriate for services provided by or 
     through the Academy.
       ``(3) Receipts credited as offsetting collections.--
     Notwithstanding section 3302 of title 31, any fee collected 
     under this paragraph--
       ``(A) shall be credited as offsetting collections to the 
     account that finances the activities and services for which 
     the fee is imposed;
       ``(B) shall be available for expenditure only to pay the 
     costs of activities and services for which the fee is 
     imposed; and
       ``(C) shall remain available until expended.
       ``(4) Refunds.--The Board may refund any fee paid by 
     mistake or any amount paid in excess of that required.''.
       (d) Report on Academy Operations.--The National 
     Transportation Safety Board shall transmit an annual report 
     to the Congress on the activities and operations of the 
     National Transportation Safety Board Academy.

     SEC. 803. ASSISTANCE TO FAMILIES OF PASSENGERS INVOLVED IN 
                   AIRCRAFT ACCIDENTS.

       (a) Relinquishment of Investigative Priority.--Section 1136 
     of title 49, United States Code, is amended by adding at the 
     end the following:
       ``(j) Relinquishment of Investigative Priority.--
       ``(1) General rule.--This section (other than subsection 
     (g)) shall not apply to an aircraft accident if the Board has 
     relinquished investigative priority under section 
     1131(a)(2)(B) and the Federal agency to which the Board 
     relinquished investigative priority is willing and able to 
     provide assistance to the victims and families of the 
     passengers involved in the accident.
       ``(2) Board assistance.--If this section does not apply to 
     an aircraft accident because the Board has relinquished 
     investigative priority with respect to the accident, the 
     Board shall assist, to the maximum extent possible, the 
     agency to which the Board has relinquished investigative 
     priority in assisting families with respect to the 
     accident.''.
       (b) Revision of MOU.--Not later than 1 year after the date 
     of enactment of this Act, the National Transportation Safety 
     Board and the Federal Bureau of Investigation shall revise 
     their 1977 agreement on the investigation of accidents to 
     take into account the amendments made by this section and 
     shall submit a copy of the revised agreement to the Committee 
     on Transportation and Infrastructure of the House of 
     Representatives and the Committee on Commerce, Science, and 
     Transportation of the Senate.

     SEC. 804. RELIEF FROM CONTRACTING REQUIREMENTS FOR 
                   INVESTIGATIONS SERVICES.

       Section 1113(b) of title 49, United States Code, is 
     amended--
       (1) by striking ``Statutes;'' in paragraph (1)(B) and 
     inserting ``Statutes, and, for investigations conducted under 
     section 1131, enter into such agreements or contracts without 
     regard to any other provision of law requiring competition if 
     necessary to expedite the investigation;''; and
       (2) by adding at the end the following:
       ``(3) The Board, as a component of its annual report under 
     section 1117, shall include an enumeration of each contract 
     for $25,000 or more executed under this section during the 
     preceding calendar year.''.

                    TITLE IX--CHILD PASSENGER SAFETY

     SEC. 901. SHORT TITLE.

       This title may be cited as ``Anton's Law''.

     SEC. 902. IMPROVEMENT OF SAFETY OF CHILD RESTRAINTS IN 
                   PASSENGER MOTOR VEHICLES.

       (a) In General.--Not later than 12 months after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall initiate a rulemaking proceeding to establish 
     performance requirements for child restraints, including 
     booster seats, for the restraint of children weighing more 
     than 50 pounds.
       (b) Elements for Consideration.--In the rulemaking 
     proceeding required by subsection (a), the Secretary shall--
       (1) consider whether to include injury performance criteria 
     for child restraints, including booster seats and other 
     products for use in passenger motor vehicles for the 
     restraint of children weighing more than 40 pounds, under the 
     requirements established in the rulemaking proceeding;
       (2) consider whether to establish performance requirements 
     for seat belt fit when used with booster seats and other belt 
     guidance devices;
       (3) consider whether to develop a solution for children 
     weighing more than 40 pounds who only have access to seating 
     positions with lap belts, such as allowing tethered child 
     restraints for such children; and
       (4) review the definition of the term ``booster seat'' in 
     Federal motor vehicle safety standard No. 213 under section 
     571.213 of title 49, Code of Federal Regulation, to determine 
     if it is sufficiently comprehensive.
       (c) Completion.--The Secretary shall complete the 
     rulemaking proceeding required by subsection (a) not later 
     than 30 months after the date of the enactment of this Act.

     SEC. 903. REPORT ON DEVELOPMENT OF CRASH TEST DUMMY 
                   SIMULATING A 10-YEAR OLD CHILD.

       Not later than 120 days after the date of the enactment of 
     this Act, the Secretary of Transportation shall submit to the 
     Committee on Commerce, Science, and Transportation of the 
     Senate and the Committee on Energy and Commerce of the House 
     of Representatives a report on the current schedule and 
     status of activities of the Department of Transportation to 
     develop, evaluate, and certify a commercially available dummy 
     that simulates a 10-year old child for use in testing the 
     effectiveness of child restraints used in passenger motor 
     vehicles.

     SEC. 904. REQUIREMENTS FOR INSTALLATION OF LAP AND SHOULDER 
                   BELTS.

       (a) In General.--Not later than 24 months after the date of 
     the enactment of this Act, the Secretary of Transportation 
     shall complete a rulemaking proceeding to amend Federal motor 
     vehicle safety standard No. 208 under section 571.208 of 
     title 49, Code of Federal Regulations, relating to occupant 
     crash protection, in order to--
       (1) require a lap and shoulder belt assembly for each rear 
     designated seating position in a

[[Page S11304]]

     passenger motor vehicle with a gross vehicle weight rating of 
     10,000 pounds or less, except that if the Secretary 
     determines that installation of a lap and shoulder belt 
     assembly is not practicable for a particular designated 
     seating position in a particular type of passenger motor 
     vehicle, the Secretary may exclude the designated seating 
     position from the requirement; and
       (2) apply that requirement to passenger motor vehicles in 
     phases in accordance with subsection (b).
       (b) Implementation Schedule.--The requirement prescribed 
     under subsection (a)(1) shall be implemented in phases on a 
     production year basis beginning with the production year that 
     begins not later than 12 months after the end of the year in 
     which the regulations are prescribed under subsection (a). 
     The final rule shall apply to all passenger motor vehicles 
     with a gross vehicle weight rating of 10,000 pounds or less 
     that are manufactured in the third production year of the 
     implementation phase-in under the schedule.
       (c) Report on Determination To Exclude.--
       (1) Requirement.--If the Secretary determines under 
     subsection (a)(1) that installation of a lap and shoulder 
     belt assembly is not practicable for a particular designated 
     seating position in a particular type of motor vehicle, the 
     Secretary shall submit to the Committee on Commerce, Science, 
     and Transportation of the Senate and the Committee on Energy 
     and Commerce of the House of Representatives a report 
     specifying the reasons for the determination.
       (2) Deadline.--The report under paragraph (1) shall be 
     submitted, if at all, not later than 30 days after the date 
     on which the Secretary issues a final rule under subsection 
     (a).

     SEC. 905. TWO-YEAR EXTENSION OF CHILD PASSENGER PROTECTION 
                   EDUCATION GRANTS PROGRAM.

       Section 2003(b)(7) of the Transportation Equity Act for the 
     21st Century (23 U.S.C. 405 note; 112 Stat. 328) is amended 
     by striking ``and 2001.'' and inserting ``through 2004.''

     SEC. 906. GRANTS FOR IMPROVING CHILD PASSENGER SAFETY 
                   PROGRAMS.

       (a) In General.--Chapter 4 of title 23, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 412. Grant program for improving child passenger 
       safety programs

       ``(a) Standards and Requirements Regarding Child Restraint 
     Laws.--Not later than October 1, 2003, the Secretary shall 
     establish appropriate criteria applicable to child restraint 
     laws for purposes of eligibility for grants under this 
     section. The criteria shall be consistent with the provisions 
     of Anton's Law.
       ``(b) Requirement To Make Grants.--
       ``(1) In general.--The Secretary shall make a grant to each 
     State and Indian tribe that, as determined by the Secretary, 
     has a child restraint law in effect on September 30, 2004.
       ``(2) Limitation on number of grants.--Not more than one 
     grant may be made to a State or Indian tribe under this 
     section.
       ``(3) Commencement.--The requirement in paragraph (1) shall 
     commence on October 1, 2004.
       ``(c) Grant Amount.--The amount of the grant to a State or 
     Indian tribe under this section shall be the amount equal to 
     five times the amount provided to the State or Indian tribe, 
     as the case may be, under section 2003(b)(7) of the 
     Transportation Equity Act for the 21st Century (23 U.S.C. 405 
     note) in fiscal year 2003.
       ``(d) Use of Grant Amounts.--
       ``(1) In general.--A State or Indian tribe shall use any 
     amount received by the State or Indian tribe, as the case may 
     be, under this section to carry out child passenger 
     protection programs for children under the age of 16 years, 
     including programs for purposes as follows:
       ``(A) To educate the public concerning the proper use and 
     installation of child restraints, including booster seats.
       ``(B) To train and retain child passenger safety 
     professionals, police officers, fire and emergency medical 
     personnel, and educators concerning all aspects of the use of 
     child restraints.
       ``(C) To provide child restraint systems, including booster 
     seats and the hardware needed for their proper installation, 
     to families that cannot otherwise afford such systems.
       ``(D) To support enforcement of the child restraint law 
     concerned.
       ``(2) Limitation on federal share.--The Federal share of 
     the cost of a program under paragraph (1) that is carried out 
     using amounts from a grant under this section may not exceed 
     80 percent of the cost of the program.
       ``(e) Administrative Expenses.--The amount of 
     administrative expenses under this section in any fiscal year 
     may not exceed the amount equal to five percent of the amount 
     available for making grants under this section in the fiscal 
     year.
       ``(f) Applicability of Chapter 1.--The provisions of 
     section 402(d) of this title shall apply to funds authorized 
     to be appropriated to make grants under this section as if 
     such funds were highway safety funds authorized to be 
     appropriated to carry out section 402 of this title.
       ``(g) Definitions.--In this section:
       ``(1) Child restraint law.--The term `child restraint law' 
     means a law that--
       ``(A) satisfies standards established by the Secretary 
     under Anton's Law for the proper restraint of children who 
     are over the age of 3 years or who weigh at least 40 pounds;
       ``(B) prescribes a penalty for operating a passenger motor 
     vehicle in which any occupant of the vehicle who is under the 
     age of 16 years is not properly restrained in an appropriate 
     restraint system (including seat belts, booster seats used in 
     combination with seat belts, or other child restraints); and
       ``(C) meets any criteria established by the Secretary under 
     subsection (a) for purposes of this section.
       ``(2) Passenger motor vehicle.--The term `passenger motor 
     vehicle' has the meaning given that term in section 405(f)(5) 
     of this title.
       ``(3) State.--The term `State' has the meaning given in 
     section 101 of this title and includes any Territory or 
     possession of the United States.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of that chapter is amended by inserting after the 
     item relating to section 411 the following new item:

``412. Grant program for improving child passenger safety programs.''.

     SEC. 907. DEFINITIONS.

       In this title:
       (1) Child restraint.--The term ``child restraint'' means 
     any product designed to provide restraint to a child 
     (including booster seats and other products used with a lap 
     and shoulder belt assembly) that meets applicable Federal 
     motor vehicle safety standards prescribed by the National 
     Highway Traffic Safety Administration.
       (2) Production year.--The term ``production year'' means 
     the 12-month period between September 1 of a year and August 
     31 of the following year.
       (3) Passenger motor vehicle.--The term ``passenger motor 
     vehicle'' has the meaning given that term in section 
     405(f)(5) of title 23, United States Code.

     SEC. 908. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary of 
     Transportation such sums as may be necessary to carry out 
     this title, including the making of grants under section 412 
     of title 23, United States Code, as added by section 906.
  Mrs. HUTCHISON. Mr. President, I appreciate the fact that we have now 
passed an air cargo security bill that I think will move the ball a 
long way down the road toward ensuring the safety of the traveling 
public and our aviation industry.
  Since the 9/11 terrorist attacks, we have spent a tremendous amount 
of time, effort, and resources improving our passenger aviation 
security system. In fact, tomorrow we have a very important deadline 
that will be met. All of the airport screeners in our country will be 
Federal employees who have met a series of stringent requirements, 
undergone mandatory training, and passed performance and written 
examinations.
  I am proud of the work we have done in this area, but I am also 
concerned that we have been neglecting other modes of transportation as 
we continue to focus on passenger aircraft. 1 year ago, Congress 
created the Transportation Security Administration to implement and 
oversee security on our highways, in our airports, on trains, and in 
our ports. However, until now, we only gave to the TSA the tools to do 
the job with respect to passenger aviation security.
  Last week, we finally passed the port security bill. Now we need to 
take another step toward transportation security. While I am confident 
that our efforts have dramatically improved aviation security, we have 
not closed all the loopholes in our air cargo operations. This issue 
must be addressed.
  Twenty-two percent of all air cargo in the United States is carried 
on passenger flights, but only a tiny percentage of this cargo is 
inspected. There is no point to carefully screening every piece of 
luggage if the cargo placed aboard the same flight is not inspected at 
all. That is why I introduced the Air Cargo Security Act with my friend 
from California, Senator Dianne Feinstein. We reasoned it was pointless 
to require air passengers to wait in long security lines, undergo 
rigorous searches, which all of us have certainly had the privilege of 
suffering through, if we then allow packages to travel on the very same 
flight with no inspections whatsoever. Ignoring this problem could be 
an invitation to disaster.
  My legislation was the subject of a closed-door hearing of the 
Aviation Subcommittee. Without going into details, it was apparent 
there are significant vulnerabilities in our existing system of air 
cargo security. The Transportation Security Administration is doing the 
best it can with limited resources. But clearly, legislation is 
required.
  I modified the bill in response to those weaknesses and the 
recommendations made by the Transportation Security Administration, as 
well as the

[[Page S11305]]

Department of Transportation Inspector General.
  This bill was unanimously passed by the Commerce Committee in 
September as part of a larger package of aviation security measures. 
Some of these provisions made their way into the homeland security 
compromise draft, but air cargo security is too important to simply 
wait until next year.
  The bill before us will establish a more reliable and accountable 
known shipper program, with frequent inspections of shipping 
facilities, tamper-proof identification cards for employees, and an 
accessible shipper database.
  For the first time, the Transportation Security Administration will 
have the power to revoke the license of a shipper or freight forwarder 
whose practices are unsound or who has engaged in illegal activity.
  The bill also requires the Transportation Security Administration to 
conduct regular inspections of foreign shipping facilities. Freight 
forwarders will have to submit to random inspections, and the TSA must 
also implement a training program for cargo professionals. All cargo 
facilities must have an improved security plan.
  While we tighten these rules and procedures, we must be careful not 
to cause any economic damage to an airline industry that is already in 
dire straits. It is critical that the measures we impose allow both 
passenger and cargo carriers to compete on an equal footing. We drafted 
this bill in consultation with air cargo carriers and the airlines. I 
am pleased that we have gained their support, because it is important 
we have the regulators and the aviation industry working together to 
make the most seamless security system possible, not only in our 
country but throughout the world.

  I also want to point out that the bill before us would accomplish 
several other goals. These provisions have all been approved by the 
Commerce Committee, and I thank Senators Hollings and McCain for their 
leadership.
  The bill reauthorizes the National Transportation Safety Board 
through fiscal year 2005. I was proud to serve as vice chair of the 
National Transportation Safety Board before I came to the Senate. This 
agency investigates civil aviation accidents and significant incidents 
in other modes of transportation: railroad, highway, marine, and 
pipeline. The NTSB also issues safety recommendations aimed at 
preventing future accidents. This reauthorization also strengthens 
performance requirements for booster seats for children weighing more 
than 50 pounds. The NTSB's important work is completed on a very 
reasonable budget. I am pleased to support this reauthorization bill.
  The bill before us also makes technical corrections to last year's 
Aviation and Transportation Security Act. It allows TSA to use 
biometric identification technologies such as retina scans and 
fingerprints to assist in aviation security. It defines circumvention 
of airport security as a Federal crime. It authorizes a study on blast-
resistant cargo containers, and it strengthens security at flight 
schools. These necessary measures fine-tune the comprehensive security 
legislation we passed last year. I am pleased we have cleared this 
legislation, and I urge my colleagues in the House to follow suit.
  Mr. President, I would make a parliamentary inquiry. Am I correct in 
concluding that all of the necessary steps and procedures have occurred 
to assure that this bill has been passed and that Senate action on S. 
2949 is now complete?
  The PRESIDING OFFICER. The Senator is correct.
  Ms. HUTCHISON. I thank the Chair.
  I appreciate the cooperation of my colleagues. I thank Senator Reid 
for helping me in this wrap-up. I know he has not yet come to the 
floor, but I know that he helped us in clearing this bill. This bill 
has been cleared by unanimous consent. It is a very important step in 
securing our homeland. We have taken great strides to secure our 
airports and the passenger screening is quite thorough. Everybody has 
to smile when you say that, because anyone who has flown in America in 
the last 6 months has certainly been subjected to a lot of scrutiny. I 
have certainly been frisked. I have had my shoes taken off, all of 
those things that drive people crazy. But the bottom line is, we do 
have a safer system. We got the wake-up call on 9/11 of 2001. We have 
taken extraordinary steps to secure our country and our aviation 
system. Anyone who says our system is not safer today than it was on 
September 10 of 2001 either has not flown or is being disingenuous.
  I would like to thank Admiral Loy at the Transportation Security 
Administration, and certainly Secretary Mineta and President Bush for 
their strong leadership in homeland and transportation security. We are 
going to do everything we can to make sure our people are safe.
  The port security bill was a huge step in the right direction. I have 
one of the largest petrochemical complexes in the world in Houston, TX. 
I want to make sure they had all the authority and resources they need 
to secure that port. In fact, just this week, I talked to the people 
from the Port of Houston, and they are taking steps on their own. We 
need to help them at the Federal level to improve security, but they 
are not waiting for us to act. They know the importance of this issue 
because they are on the front lines, hearing of new threats from Osama 
bin Laden just recently. So they are battening down the hatches.
  We are going to do the same thing with air cargo in the bill we just 
passed. If the House does come back this year, I will urge my 
colleagues in the House to look at this bill and try to work with us to 
make sure the belly of the airplane is just as safe as the passenger 
cabin is today. All of us want that to happen. I appreciate everybody's 
cooperation in passing this very important piece of legislation. Mr. 
President, I look forward to chairing the Aviation Subcommittee next 
year, working with Senator Rockefeller, my ranking member, with whom I 
have had a great working relationship. We have passed the aviation 
security measure that is the law today. We worked together to pass the 
port security bill.

  Senator Rockefeller and I have a great vision for what we can do in 
aviation to make our system not only secure and safe for the traveling 
public, but also economically viable. Without an aviation industry, 
this country would lose in commerce and in the freedom of our people to 
travel. Our country is vast and we need aviation. I am looking forward 
to chairing that Subcommittee with Senator Rockefeller and working to 
try to make sure that we maintain an economically viable aviation 
industry that is safe and secure for the traveling public, and for the 
goods that comprise our commerce.
  Mr. President, I yield the floor.
  Mr. McCAIN. Mr. President, I rise to speak on S. 2949, the Aviation 
Security Improvement Act. This bill builds and improves upon work that 
began last year when Congress passed the Aviation and Transportation 
Security Act, ATSA, P.L. 107-71. During the 10 months since that law's 
enactment, there has been a significant change in the way aviation 
security is handled. However, there is a long way to go until we 
achieve all our aviation security goals. I believe the bill before us 
would make many positive steps in the continuing effort to protect the 
nation's air transportation system. This bill also contains the text of 
S. 2950, the National Transportation Safety Board Reauthorization.
  I want to begin by commending Senators Hutchison and Snowe for their 
work on the air cargo security issue addressed in this legislation. The 
cargo provisions flow directly from their bills and would bolster an 
aspect of aviation security that was not addressed in great detail in 
last year's law. This is one area in which we can and should be 
proactive to get ahead of potential problems or vulnerabilities.
  There is a particular issue in this bill that I want to discuss 
briefly. In last year's security bill, we mandated that airport 
screeners had to be U.S. citizens. While imposing that requirement was 
an understandable impulse, it had some negative ramifications that were 
not clear at the time. For example, American Samoans are not now 
eligible to be screeners because they are considered nationals, not 
citizens.
  S. 2949 includes a provision to allow nationals of the U.S., 
honorably discharged veterans of the U.S. military, and lawful 
permanent residents who were employed as airport security screeners at 
the time of ATSA's enactment, to be eligible to compete for jobs

[[Page S11306]]

as federal security screeners. The provision would not require that 
these individuals be hired, but give TSA the discretion to hire them if 
they meet all the other statutory requirements concerning the hiring of 
screeners. This is a fair and reasonable expansion of the existing 
provision.
  A similar provision was added to the Homeland Security bill. However, 
the provision in the Homeland Security bill only expands the definition 
to include U.S. nationals. It would still exclude an important segment 
of the population-legal permanent residents. LPRs as they are known, 
can join the military and risk giving up their lives fighting for our 
country. Yet, to date, they cannot be hired as security screeners. This 
is wrong, and we should correct it now.
  In addition, S. 2949 would reauthorize the National Transportation 
Safety Board. The NTSB is an independent Federal agency charged with 
investigating every civil aviation accident in the United States. It 
also investigates significant accidents in the other modes of 
transportation--railorad, highway, marine, and pipeline--and issuing 
safety recommendations intended to prevent future accidents. We are all 
aware of the important role the NTSB plays in the safety of our 
transportation system, and it is important that we move ahead with this 
reauthorizing legislation.
  A key element of this bill involves authorization for the NTSB's new 
Training Academy, which will be the centerpiece of its teaching and 
training of transportation accident investigators worldwide. It also 
will provide state-of-the-art classrooms and laboratory space for 
accident investigation. This is especially important with the advent of 
new technology that is being used to build, fuel, and more all modes of 
transportation.
  The legislation also would streamline the NTSB's procurement process 
during accident investigations and allow the Board to transfer its 
family assistance responsibilities to any Federal agency that takes 
over an investigation, such as the FBI, provided that the other agency 
is willing and able to handle those duties. Finally the bill would 
reauthorize the NTSB's funding for its day to day activities.
  The importance of the agency is well known to all. I urge the support 
of this bill.

                          ____________________